Judge: Kerry Bensinger, Case: 20STCV23604, Date: 2023-04-17 Tentative Ruling

Case Number: 20STCV23604    Hearing Date: April 17, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On June 22, 2020, plaintiff David Golding (“Plaintiff”) filed this action against defendants Get Spiffy, Inc. (“Get Spiffy”), Adrian Brizuela (“Brizuela”), and Joshua Zanders-Norris (“ZandersNorris”).  Plaintiff alleges he was injured from a May 21, 2019, collision involving 3 motor vehicles.

On January 29, 2021, Brizuela filed a cross-complaint against Get Spiffy asserting claims for negligence and indemnification, among others.

On October 7, 2021, Get Spiffy filed this motion to continue the trial date from December 20, 2021, to June 2022 and to continue the final status conference and discovery and motion cut-off deadlines accordingly.  On November 12, 2021, the Court granted Get Spiffy’s motion.  Pursuant to Get Spiffy’s request, trial was continued to August 18, 2022.  All discovery and motion related deadlines were set to the new trial date.

On June 21, 2022, Get Spiffy moved to continue the trial date.  The Court granted the motion on July 18, 2022.  Pursuant to Get Spiffy’s request, trial was continued to May 24, 2023.  All discovery and motion related timelines were set to the new trial date.

On March 20, 2023, Get Spiffy filed this motion to continue the trial and all related dates and deadlines so that the parties may participate in mediation, which is currently set for May 22, 2023.

The motion is unopposed.

Trial is currently scheduled for May 24, 2023. 

II.          LEGAL STANDARD

California Rules of Court, rule 3.1332, subdivision (b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.  The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

Under California Rules of Court, rule 3.1332, subd. (c), the Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.”  The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served.  (Cal. Rules of Court, rule 3.1332, subd. (d).)

III.        DISCUSSION

Get Spiffy seeks a trial continuance to November 6, 2023 because mediation is currently set for May 22, 2023, which is only two days before the current trial date.  Get Spiffy requests a trial continuance to accommodate the mediation date.  (See Yerzinkyan Decl.)

Get Spiffy has demonstrated good cause to continue the trial.  Mediation is set two days before trial.  A trial continuance will allow the parties to participate in mediation and to engage in post-mediation settlement negotiations.  Further, the Court notes that this motion is unopposed.

IV.         CONCLUSION

The motion to continue trial is GRANTED.

Trial is continued from May 24, 2023 to December 6, 2023 at 8:30 a.m. in Department 27.  The final status conference is continued from May 10, 2023 to November 22, 2023 at 10:00 a.m. in Department 27.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of December 6, 2023.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

           Dated this 17th day of April 2023